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HomeMy WebLinkAboutORD NO 3505ORDINANCE NO. 3 ~0 5 AN ORDINANCE AMENDING SECTION 17.06.020 OF CHAPTER 17.06 (ZONING MAP) OF THE BAKERSFIELD MUNICIPAL CODE AND CITY ZONING MAP NO. 122-03 BY PREZONING PROPERTY LOCATED AT THE SOUTHWEST CORNER OF STOCKDALE HIGHWAY AND RENFRO ROAD KNOWN AS RENFRO NO. 3 ANNEXATION. WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on THURSDAY, SEPTEMBER 17, 1992 and continued to OCTOBER 1, 1992, to consider zoning certain property proposed for annexation to said City, known as RENFRO NO. 3 ANNEXATION, and made several general and specific findings of fact which warranted a negative declaration of environmental impact; and WHEREAS, Renfro No. 3 Annexation prezoning area comprises 77.11 acres of land contiguous to the boundary of the City of Bakersfield, as shown on the attached map marked Exhibit "B"; and WHEREAS, by Resolution No. 51-92 on October 1, 1992, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Prezoning No. 5361 to R-1 (One Family Dwelling) with conditions of approval and mitigation measures as set forth in said resolution; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and City of Bakersfield Resolution No. 107-86, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, a Negative Declaration with conditions and mitigation measures was advertised and posted on August 3, 1992, in accordance with CEQA; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. Based on the initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration with mitigation measures was advertised and posted on August 3, 1992, in accordance with CEQA. 4. Proposed Prezoning No. 5361 is consistent with the Metropolitan Bakersfield 2010 General Plan. 5. Mitigation has been added which reduces the impacts to school districts to less than significant. WHEREAS, the City Council has determined after due consideration of the motion and recommendation of the Planning Commission, herein on file, together with the reasons advanced at the Planning Commission hearing, that said zoning should be authorized upon annexation of said property to the City. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. 2. The Negative Declaration with mitigation for this zoning action is hereby approved and adopted. 3. That Title Seventeen of the Bakersfield Municipal Code of the City of Bakersfield and City Zoning Map No. 122-03 is hereby amended by prezoning said property and extending the boundaries of said map to include that certain property in the County of Kern located at the southwest corner of Stockdale Highway and Renfro Road contiguous to the boundary of the City of Bakersfield known as RENFRO NO. 3 ANNEXATION, upon the annexation of said property to the City of Bakersfield, subject to the conditions of approval and mitigation measures attached in Exhibit "A" and the zoning designations and boundaries of which property are shown on the map (Exhibit "B"), hereto attached and made a part of this ordinance, and are more specifically described in attached Exhibit SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective upon the annexation of the above-described territory to the City of Bakersfield, but not less than thirty (30) days from and after the date of its passage. 2 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on __ _DEC 9 ~9~2 , by the following vote: AYES; COUNCILMEMRER,~ EDWARDS, OeMONO, ~, BRUNNI, PETERSON, McDERMO'TI', ~;AIVAGGIO NOES; COUNCILMEN-~L~RS: ~0~~ ABSENT COUNCILMEMBERS ~ "~ ~STAIN: COUNCILMEMBERS ~ ~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED ~..~EC 9 1992 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATFORNEY of the City of Bakersfield res\o392s2.cc 3 OR EXHIBIT "A" Conditions of Approval General Plan Amendment 3-92, Segment II Prezoning No. 5361 Planning: In order to mitigate the impacts of any development of the site on the kit fox (a Federally-fisted endangered species), the applicant must follow the Advisory Notice, detailing the Interim Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). These measures are necessary to prevent unauthorized take of foxes and to offset any losses to kit fox habitat resulting from on-going construction activities. (Mitigation) Upon development of the project site, a collector street (90 ft. right-of-way) shah be developed along the southern boundary of the project site. This will be consistent with the Metropolitan Bakersfield2010 GeneralPlan Circulation Element. (Condition) This approval and issuance of each building permit for the project are expressly conditioned on full compliance with the terms and conditions of a Memorandum of Understanding (MOU) entered into between the applicant and Rosedale Union School District dated October 1, 1992. (Mitigation) This approval and issuance of each building permit for the project are expressly conditioned on full compliance with the terms and conditions of a Memorandum of Understanding (MOU) entered into between the applicant and the Kern High School District dated October 1, 1992. (Mitigation) Should the maximum number of dwelling units exceed 480 within the project area, the developer shall be required to provide an additional traffic study subject to approval by Public Works. All mitigation measures of that study will be implemented or satisfied in a manner acceptable to Public Works, prior to recordation of any subsequent tract. (Condition) In an attempt to reduce complaints and unwarranted investigations undertaken by the Kern County Department of Agriculture, the following disclosure is to be given as part of the transfer of properties: "If your real property is adjacent to property used for agricultural operations, you may be subject to inconveniences or discomforts arising from such operations on any 24-hour basis. Said discomforts may include, but shall not be limited to, equipment noise, odors from manure and other chemicals, and dust or smoke. It has been determined that in Kern County the use of real property for agricultural operations is a high priority and a favored use to the County and will not be considered a nuisance for those inconveniences or discomforts arising from agricultural operations if such operations are consistent with accepted customs, standards and laws." (Mitigation) A physical barrier or separation should be placed along the northern, southern, and western boundary of the project in order to reduce the interface conflicts such as; noise, dust, trespassing and excessive traffic. This barrier or separation may include, but is not limited to, a 6-foot high masonry wall, a landscaping setback, a canal or a road. This measure can be accomplished through zoning and subdivision design. (Mitigation) Exhibit "A" GPA 3-92, Seg. II Prezoning No. 5361 Page 2 Public Works: Under the Utilities section of the Environmental Checklist, wastewater would seem to pose a significant impact as municipal sewer service may not be immediately available to this area. The proposed project may require extension of new sewer trunk lines to serve development in this area. DISCRETIONARY The following conditions are discretionary. The applicant shall comply with the following conditions to provide for orderly development, ensure required improvements are constructed, and to curtail the proliferation of smaller, independent drainage basins. At the time of further subdivision or development, the developer shall pay fees for his proportionate share of future signals in the project area impacted from the potential increase in trip generation between the proposed land use and the existing land use. These fees shall be paid at the time of issuance of a building permit. The signals and the developers proportionate share are as follows: Rosedale Hwy at Renfro Rd $ 2,520.00 Brimhall Rd at Renfro Rd $ 5,400.00 Johnson Rd at Renfro Rd $ 5,400.00 Stockdale Hwy at Rudd Rd $ 20,520.00 Stockdale tlwy at Heath Rd $ 6,720.00 Stockdale tlwy at Renfro Rd $12,840.00 Stockdale Hwy at Jenkins Rd $ 16,320.00 TOTAL $ 69,720.00 (2.1% of $120,000.00) (4.5% of $120,000.00) (4.5 % of $120,000.00) (17.1% of $120,000.00) (5.6% of $120,000.00) (10.7% of $120,000.00) (13.6% of $120,000.00) At the time of further subdivision or development, the developer shall pay a fee for his proportionate share of the cost of a left-turn lane at the intersection of Renfro Road and Rosedale Highway. This fee shall be paid at the time of issuance of a building permit. The proportionate share for the project area would be $2,100.00 (4.2% x $50,000.00 = $2,100.00). 10. At the time of further subdivision or development, the developer shall pay fees for his proportionate share of the cost of the Renfro Road crossings of the Cross Valley Canal and the Kern River. These fees shall be paid at the time of issuance of a building permit. The proportionate share for the project area would be as follows: Cross Valley Canal Crossing Kern River Crossing TOTAL $ 4,850.00 $38,800.00 $43,650.00 (0.97% of $500,000.00) (0.97% of $4,000,000.00) 11. The traffic study and resulting impacts identified in items 8, 9 and 10 above are based on 480 lots, within the General Plan Area, while the land use proposed would allow more or less than 480 lots. Based on 480 lots, the local traffic mitigation yiulds a unit cost per single family lot of $240.00. This unit cost per single family lot shall be maintained irregardless of the number of lots that are finally created so that proportionate traffic mitigation will be achieved. Exhibit "A" GPA 3-92, Seg. II Prezoning No. 5361 Page 3 12. 13. 14. 15. 16. 17. 18. 19. At the time of further development or subdivision, the property owner(s) within the GPA area not already within a maintenance district shah request to be annexed to an existing maintenance district or request creation of a new maintenance district for their property. The project area is within a transportation study corridor. The Circulation Plan of the Metropolitan Bakersfield 2010 General Plan shows collectors along the east-west and north-south midsection lines (the n-s line being along the North-South Beltway) and arterials along the north section line (Stockdale Highway) and the east section line (Renfro Road). Fully executed offers of dedication for those collectors and dedications to widen Stockdale Highway and Renfro Road to arterial standards shall be submitted prior to or concurrently with the first development/subdivision in the area. With the first subdivision/development adjacent to Stockdale Highway within the project area, the developer shall construct the entire south half of Stockdale Highway. A drainage study for a drainage system, or systems, for the entire 150+ acres of the existing parcel, not just the 80 acres shown as the annexation area, shall be submitted to and approved by the City Engineer prior to submittal of any tentative subdivision maps. The drainage study should include, but not necessarily be limited to, drainage calculations, pipe sizes and locations, the drainage basin site and size, and construction phasing. The location of the drainage retention basin shall be along the west project boundary so that future expansion of the basin will be possible. Necessary flowage/drainage easements as indicated in the approved drainage study, which may be off-site from a proposed subdivision, shall be submitted to the City prior to recordation of any subdivision map. Stockdale Highway is a future bikeway on the "Bikeways Master Plan" and shah be constructed to a 96' curb to curb standard as required for arterial streets with bike lanes in the circulation element of the 2010 General Plan. Upon subdivision of the property, municipal sewer service to each lot shah be provided. Prior to submitting any tentative subdivision maps, a proposal for providing that municipal service to each lot shall be submitted to and approved by the City Engineer. The proposal shall include provisions for providing service to the full 150 + acres of the existing parcel, not just the 80 acres shown as the annexation area. Sewer service now exists in Renfro Road at Culiacan Avenue. }towever, this sewer system may not have capacity to service the project area. A future sewer trunk pipeline located in Renfro Road will provide future sewer service to this area. Therefore, sewers within the sewer study area shall gravity flow to Renfro Road. If a new pump station is required to provide service for this development, then the developer shall perform an economic analysis of the operation and maintenance over the expected life of this pump station and, prior to acceptance by the City of this pump station, shall pay a fee based on the economic analysis for this station's operation and maintenance. Any upgrades to the existing sewer system will be the responsibility of the developer. CITY OF BAKERSFIELD ZONINO MAP SEC. 05 T 50a LEGEND 122 -03 EXHIBIT "C" Legal Description General Plan Amendment 3-92, Segment II Prezoning No. 5361 - Renfro No. 3 Annexation BEING ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 30 SOUTH, RANGE 26 EAST, M.D.M., COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE WEST LINE OF THE EAST 30.00 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 3 AND THE SOUTH LINE OF THE NORTH 30.00 FRET OF THE NORTHEAST QUARTER OF SAID SECTION 3, THENCE ALONG THE FOLLOWING DESCRIBED COURSES: 1. SOUTH 00o55'21" WEST, 2626.42 FEET, PARALLEL WITH AND 30.00 FEET WESTERLY, AS MEASURED AT RIGHT ANGLE-S TO THE EASTERLY LINE OF SAID NORTHEAST QUARTER TO A POINT ON THE EAST-WEST MID-SECTION LINE OF SAID SECTION 3; 2. NORTH 89000'29" WEST, 1281.55 FEET, ALONG SAID EAST- WEST MID-SECTION LINE; 3. NORTH 00o55'21~ EAST, 2615.49 FEET, DEPARTlinG FROM SAID EAST-WEST MID-SECTION LINE, PARALLEL WITH THE EAS'I~ERLY LINE OF SAID NORTHEAST QUARTER, TO A POINT 30.00 FEET SOUTHERLY, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID NORTHEAST QUARTER; 4. SOUTH 89029'48" EAST, 1281.58 FEET, PARALLEL WITH AND 30.00 FEET SOUTHERLY, AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID NORTHEAST QUARTER TO THE TRUE POINT OF BEGINNING. CONTAINING 77.11 ACRES (NET) Exhibit"A" GPA3-92, Seg. II PrezoningNo. 5361 Page 4 22. 23. Should capacity in the existing system not be available, then other means will be required so that connection at the time of development of all future lots within the project area to the municipal sewer system shah be accomplished. Fees will be required at the time of building permit for the use existing trunk lines, pump stations and force mains. A sewer fee will be paid at the time of further subdivision or development within the project area for the future Renfro Road/Allen Road trunk sewer pipeline. This fee will be approximately $300 per equivalent dwelling unit. p:392s2ea.101 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern) CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 16th day of December , 19 92 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: O~din~nce City Council at a meeting held on and entitled: No. 3505 , passed by the Bakersfield the 9th day of December , 19 92, NSAOPD /s/ CAROL WILLIAMS CITY CLERK 9f the City of Bakersfield